12:15 – 13:25

Taking Shareholder Disputes to Arbitration: Challenges and Perspectives

Moderator:

Gailė Juozapaitytė-Gudžiūnė, LL.M. (Harvard)

TEGOS

Speakers:

James Herbert

Gaillard Banifatemi Shelbaya Disputes

Ph.D. Jan Markiewicz, LL.M.

Counsel, CMS

Olena Perepelynska

INTEGRITES law firm

Ph.D. Michele Potestà

Partner, Lévy Kaufmann-Kohler

Cesar Pereira C.Arb

Justen, Pereira, Oliveira & Talamini

Arbitrating shareholder disputes is an ever more popular way to resolve disagreements among the shareholders. Between the confidentiality of the proceedings and the expediency that arbitration offers compared to courts it appears to be a perfect measure for these issues. But not all is as straightforward as it appears. Due to their nature, arbitrating shareholder disputes are prone to touch on non-arbitrable matters, affect persons not party to an arbitration agreement, involve multiple financial and quantum experts increasing costs, or face enforcement issues after the award is rendered.

The panel discussion will focus on the challenges and opportunities that arbitration offers to shareholders, in particular discussing the practical aspects in resolving such disputes in arbitration